“Jay, let me ask you about Anthony Kennedy, does he have some clerks who happen to be gays?” Robertson said as his first question to Jay Sekulow, chief counsel for the American Center for Law and Justice, on his “700 Club” show Thursday.

Kennedy wrote the majority opinion for the court that struck down part of the Defense of Marriage Act as unconstitutional on Wednesday, and he is viewed as the decisive vote that sided with the liberal members of the court to reach that ruling.

“Well I have no idea,” Sekulow told Robertson, spending most of his answer focusing on the substance of Kennedy’s opinion. “I don’t know about the background of his clerks, I’ve had a lot cases in front of Justice Kennedy, and frankly most of the time, he rules in our favor, the vast majority of the time.”

Following up, Robertson said regarding the California Proposition 8 case, “I understand the district court judge there either was an advocate of homosexual activity, or was a homosexual, had a wife. There was some connection, can you elucidate that?”

Sekulow again answered quickly before moving into the particulars of the court’s decision.

“Well there was a real controversy because the judge’s sexual orientation became, you know unfortunately, part of the case, and there were some other rulings that were issued there that became questionable,” Sekulow said, noting that Justice Samuel Alito mentioned that the trial court created a “circus environment” in footnote 7 of his opinion.

Sekulow was referring to Alito’s dissent in the Defense of Marriage Act case, where he criticized the trial judge in the Proposition 8 case and said “the trial reached the heights of parody.”